Robert F. Kennedy, Jr., Campaign Sues Nevada Over Ballot Access

On May 31, the Robert F. Kennedy, Jr., campaign filed a ballot access lawsuit against the Nevada Secretary of State.  Team Kennedy v Aguilar, 2:24cv-01027.  The case has not yet been assigned to any particular U.S. District Court Judge.

The main focus of the lawsuit is to dispute the contention of the Nevada Secretary of State that the petition, which has already been completed, is invalid because it doesn’t list a vice-presidential nominee.  Kennedy argues that it violates Equal Protection to require independent presidential candidates to have chosen their vice-presidential running mates so early in the year, when the two major parties do not need to choose their v-p nominees until August.

The lawsuit also argues that the petition form itself, which is an official state form, has no room to list more than a single candidate, and the law says an independent candidate petition can list only one candidate.  Also the Complaint points out that the Secretary of State’s office had told the Kennedy campaign that a vice-presidential candidate need not be listed on the form.  This is undisputed, although the Secretary of State says an employee made an error.

The lawsuit also attacks the law that requires an independent presidential candidate to pay a fee of $250.  The lawsuit will argue that the fee is redundant and serves no purpose, because the purpose of filing fees is to show that the candidate has a modicum of support, but the petition (if successfully completed) already serves that purpose.  Furthermore Nevada does not require the presidential nominee of a qualified party to pay a fee in order to appear on the general election ballot.


Comments

Robert F. Kennedy, Jr., Campaign Sues Nevada Over Ballot Access — 40 Comments

  1. “the Secretary of State’s office had told the Kennedy campaign that a vice-presidential candidate need not be listed on the form. This is undisputed, although the Secretary of State says an employee made an error.”

    So the Nevada SoS runs his office like the IRS: They are impossible to get hold of. When you do get hold of them, they misinform you. And if you listen to them, you get fined for their mistakes. Classic.

  2. What government bureaucracy works otherwise? Are you old enough to remember life in RSFSR? Bureaucracy is no different in England and America, in my experience, or for that matter Russia now. The only advantage we now enjoy is that at least some things are out if it’s hands and done in less illogical fashion. But government is still government. Dysfunctional systems are not fixed by replacing people, since the problems stem from the system of incentives in place. Bureaucracy makes feces of all it touches, and unnecessary electoral bureaucracy is certainly no exception.

  3. Privet Maxim,

    As you taught me, in person appearance voting eliminates ballot access problems. No ballots, no ballot access issues.

    Vsevo luchevo, Stanley

  4. An other issue is NRS 41.193 & NRS 41.195. That can go forward in any of the Nevada District Courts. There is only a $5.00 fee.

  5. AZ,

    When the Senate Historian Office came out with disinformation at the end of 2020 on the Acting Presiency of David Rice “Old Davy” Atchison claim of Acting Presidency for the period of 12:00 m 4 March 1849 to 12:00 m 5 March 1849 it was to cover up the ultra vires acts of James Buchanan as purported U S Secretary of State after
    12:00 m on 4 March 1849 until 7 March 1849 when the Democrat would no give up power to the Whig party.

  6. Days end at midnight for counting days in office of POTUS. Therefore we have two days that David Rice “Old Davy” Atchison was acting POTUS and not just one day (sic.). Also 12:00 m on 4 March 1849 to 12:00 m on 5 March 1849 is less than 24:00 hours at the US Naval Observatory then located near where the Lincoln Memorial is currently located in Washington, D.C.

  7. This issue came up again when William.Hunter the then Clerk of the US Department of State took office as the Acting Secretary of State four years later.

  8. The disinformation posting by the Senate Historical Staff (no author name given) on the US Senate Blog was posted on 13 November 2020.

  9. The father of RFK Jr. ended service as Attorney General on 3 September 1964. So he was not a party to events that took place between a lawyer at the Department of State in a late September 1964 phone call between that State Department lawyer and Mr. Franklin K. Van Zandt of the United States Department of the Interior.

    In 1966, “Boundaries of the United States and the Several States” was publish by the GPO as USGS Survey Bulletin 1212. Van Zandt received a phone call in late September 1964 from a lawyer at the US Department of State to remove all references to the DeLong Islands and Wrangell Island (alternatively known as New Columbia Land between 12 August 1881 to 29 July 1901) from the draft to Bulletin 1212.

    In 1970, while I was a student attending the University of Hawaii, I was informed of the late 1964 action on Bulletin 1212 draft by FK Van Zandt. I raised it with Senator H. Fong that year which prompted the hearings of 1 – 2 February 1973 in the U S Senate over the issue of Soviet Gulag’s on Wrangell Island that placed Raoul Wallenberg there in 1962. Wrangell Island entered Alaska on 17 May 1884 under the terms of Section 1 of the Harrison Alaska Organic Act by a resolution of the Alaska Board of the United States Department of the Interior. It was Major Ezra W. Clark, Jr. USV (ret.) that drafted the bill which was submitted to the US Senate on 18 December 1883 which POTUS Chester Arthur signed into law on 17 May 1884.

    During that 1970 phone call, I discussed with F K Van Zandt also the
    issue of the Acting Presidency of “Old Davy” between 12:00 m on 4 March 1849 and 5 March 1849 in light of the acts done by James Buchanan post 12:00 m on 4 March 1849. That related to where in the District of Columbia noon was fixed.

  10. Sorry I made mistake in above post. The Alaska Board was in the United States Department of the Treasury on 17 May 1884. The reference of the Department of the Interior was in error. Sorry it was a senior moment.
    .

  11. If interested in the events post 3 September 1964 on Wrangell and Herald islands of Alaska look a map product of the Army Corp of Engineers 1505 NR1, 2-1 Issued as Secret in 1966.

    POTUS Truman stated on numerous occasions that he was the 2nd POTUS from Missouri, viz., Old Davy Atchison was the 1st.

  12. As Franklin K. VAN ZANDT recalled to me in year 1970, the phone call came from the attorney at the Department of State on circa Monday, 28 September 1964 related to the effective date of 10 September 1964 of UNCLOS I. This came up related to Wrangell Island and the DeLong Islands plus the status of the Diamede Islands territorial sea.

  13. MS — small islands — bogus reason for WW III between USA and Russia ??? Yikes

  14. AZ,
    What small islands are you.talking.about?

    The issue is on 17 May 1884 six islands were added to Alaska, viz., Bennett, Forrester (of the San Carlos Islands), Henrietta, Herald, Jeannette,& Wrangell (alternatively known as New Columbia Land between 12 August 1881 to 29 July 1901).

    It was POTUS Andrew Johnson on 17 February 1868 by Executive Memorandum that directed US Secretary of State William H. Seward to take formal possession of Wrangell’s Land for the USA. The name was coined by Charles Francis Hall who on 13 September 1871 lead a landing party from the USS Polaris to take formal possession of Greenland in the name of G-d, POTUS, and the SecNav for the USA at Thank God Harbor.

  15. How did the discussion of Kennedy’s ballot access problems in Nevada lead to an arcane discussion about how long David Atchison was “Acting” President?

  16. Walter Ziobro,

    On 15 June 2024 a meeting will take place of the SCV in South Carolina. Old Davy Atchison bust was place in the Hall of Famous Missourians at Jefferson City, because he was Acting POTUS between 4 March 1849 12;00 m 5 March 1849 12:00 m. There is a move to remove the bust by persons against Confederate monuments in Missouri and during the War between the States 1861 – 1865, Old Davy Atchison was a General in the Confederate States of America. RFK Jr. recognizes keeping Amerian History alive and does not support distraction of historical monuments.

  17. Roman Salute

    While I was doing research at the Bishop Museum in 1970 on the.Guano Islands Act. I came across the view of William Hunter on Navassa Islands and the Plover Group to the north of Russian America with the 1836 dispute over Forrester Island of the San Carlos Islands and the discussion on 17 December 1883 between Benjamin Harrison and Ezra W. Clark, Jr., on that subject. For a published source
    read “Empire and Education: A history of Greed and Goodwell from the War of 1898 to the War on Terrorism” (2012).

  18. It should be noted the time between 12:00 m on 4 March 1849 and 12:00 m on 5 March 1849 is less than 24 hour in time according to the records of the US Naval Observatory which was located near the present location on the Lincoln Memorial. The time period in office was part of two days and not just one day.

  19. My question was solely regarding what you said about rfk jr in case it was unclear.

  20. RFK Jr. is the son of RFK. RFK was out as AG on 3 September 1964. Franklin K. Van Zandt comments of the draft to USGS Bullitin 1212 was sent out for comment after the effective date of 10 Septrmber 1964 to UNCLOS I of 1958. Therefore it was not RFK that approved State Department call to Frankin Van Zandt circa 28 September 1964.

  21. Raoul Wallenberg was held as a prisoner on Wrangell Island (alternatively known as New Columbia Land between 12 August 1881 through 29 July 1901), Alaska on 1962. The location was along the Nasha River at Cape Hawaii. That came out in detail at U. S. Senate Hearings between 1-2 February 1973.

  22. Your claim was that RFK Jr does not support monument removal, as I understood it. None of your subsequent replies have had anything to do with that. My question was only about that, not anything else.

  23. Roman Salute,

    READ: “Robert F. Kennedy Jr., say he opposed removal of Confederate Monuments” (CBS News, 29 May 2024).

    I hope this answers you question.

    The current issue are at Jefferson City and Plattsburg in Missouri over monuments of Old Davy Atchison who was
    Acting POTUS between 4 March 1849 at 12:00 m and 5 March 1849 at 12:00 m and a Confederate General during the War between the States.

  24. Two POTUS bodies need to be exhumed at the required investigation as to there cause of death should take place. If the public recalls after RFK uncle JFK died not get his body examine, because the secret service member put a gun on Dr.Rose at Dallas TX in November 1963

    The other is the body of Warren G. Harding who was poisoned circa 17 July 1923 at Talkeetna, Alaska at the Fairview Inn. Mable Walker Willebrandt told me in 1959 in Los Angeles that she belived POTUS Harding died in San Francico, California on 2 August 1923 from that poisoning. Mable Walker Willebrandt was the Assistant Attorney General of the United States during the Harding Adminstration.

    I recall in 1991 the body of POTUS Zackary Taylor was exhumed because it was alleged he was also poisoned in 1849.

  25. Sorry it was 1850 and not 1849 when POTUS died.

    Also JFK should have the examination in Texas and therefore the body should be returned to Dallas, Texas for the required examination under Texas Law

  26. @MaxZim V Zaslon
    I wasn’t in the right place at the right time to have first-hand memories, but I am well-acquainted with both the stories and with the results. And I agree fully with you about bureaucracy and it’s effects on government. The “rat kingdom” as Dugin aptly calls it.
    You know that western saying about how democracy is the worst form of government except for all the others that have been tried? I maintain that direct democracy is the least bad form of democracy, but that total anarchy is far, far preferable.

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